Ohio killer executed with new lethal drug combination

Ohio: A convicted murderer and rapist who was executed by lethal injection took more than 15 minutes to die, snorting and appearing to gasp after he was administered a combination of drugs never tried before in the United States.

The process, using a two-drug protocol, is the latest attempt by states seeking a way to execute prisoners in a constitutionally approved manner that avoids cruel and unusual punishment.

The issue has been complicated because the manufacturer of a drug previously used made it unavailable for use in capital punishment.

According to a pool report from journalists who witnessed the execution at the Southern Ohio Correctional Facility in Lucasville, Dennis McGuire, 53, made ‘‘several loud snorting or snoring sounds’’ in the 15 minutes after he was injected.

McGuire’s lawyer, federal public defender Allen Bohnert, called the death ‘‘a failed, agonising experiment by the state of Ohio.’’

McGuire received a combination of the sedative midazolam and pain killer hydromorphone, a mix Ohio created as a substitute option after it ran out of pentobarbital, a drug whose manufacturer has objected to its use in executions.

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A Dayton Daily News reporter, who was present at the execution said: "At 10:29am, his eyes rolled back as if he were going to sleep, and at 10:35am, McGuire, who appeared to be unconscious, was convulsing, gagging and struggling to breathe."

Prison spokeswoman JoEllen Smith declined to comment on the description given by the reporter and other witnesses that McGuire struggled to breathe after the drugs were administered.

McGuire's family members witnessing his execution could be seen crying and a family member was heard saying "how could this go on for so long?" the Daily News reported.

McGuire was sentenced to death for murdering Joy Stewart, 22, in 1989. Stewart was about 30 weeks pregnant.

According to the Death Penalty Information Centre, a US non-profit organisation, most states until 2010 used a three-drug combination to execute criminals: an anaesthetic; a paralysing agent and a chemical to stop the heart. But drug shortages and pressure from death-penalty opponents have forced some manufacturers to pull back and that has led some states to seek different ways to carry out death sentences.

Eight states have used a single lethal dose of an anaesthetic and five other states have announced they will use that protocol, but have yet to execute anyone.

About 20 states have used or planned to use pentobarbital, one of the drugs that was commonly used in the three-drug protocol.

McGuire’s attorneys had attempted to halt his execution last week, arguing the untried Ohio method put him at substantial risk of ‘‘agony and terror’’ during the execution.

During court proceedings the state argued that though the Constitution protects from cruel punishment, that may not mean a completely comfortable death.

‘‘You’re not entitled to a pain-free execution,’’ Assistant Ohio attorney-general Thomas Madden said in court.

Strapped to a gurney in the execution chamber, McGuire lay still for about five minutes after the drugs began to flow into his veins.

Then he emitted a loud snort, as if snoring, and continued to make that sound over the next several minutes. He also soundlessly opened and shut his mouth several times as his stomach rose and fell.

McGuire's execution was the third time Ohio has used untested execution drugs. Three botched executions from 2006 to 2009 had resulted in a judge ruling Ohio's lethal injection protocols unconstitutional and ordering a temporary halt to executions.